A New York federal judge on Friday issued a $41 million final judgment and permanent injunction in a trademark infringement suit brought by Tory Burch, LLC. Defendant Youngran Kim and her company, Lin & J International, Inc., must pay $38.9 million in damages and $2.3 million in attorney's fees for selling counterfeit goods featuring a cross logo deemed confusingly similar to the Tory Burch TT logo.
This isn't the first time that the famed fashion designer's company has sued over counterfeit goods and trademark infringements. In 2011, the company was awarded a staggering $164 million in a suit filed against creators of fake domain names claiming to sell bogus Tory Burch clothing, shoes, handbags and accessories. The court also ordered that 232 domain names used to sell the fakes be permanently disabled and turned over to the fashion label.
While Tory Burch is an internationally recognized name, the same trademark laws that protect the designer and her company also protect designers and design firms of all sizes. Counterfeiting is a federal and state crime, involving the unauthorized manufacturing or distribution of goods under someone else's name. Counterfeit goods typically are made from lower quality components, which means that the victim not only loses money in sales, but also may suffer damage to their reputation, leading to further financial loss.
Counterfeiting is estimated to result in annual losses of over $20 billion to American companies. If you are a designer who believes that your products are being copied and sold without your permission, contact an experienced trademark attorney. Daniel Law Offices, with locations in Orlando and Tampa, can help. Reach us at 866-37PATENT.